When one joint tenant wants to leave

One joint tenant can end the whole tenancy. Not their share, not their room — the whole tenancy, for everybody, by a notice to quit the landlord cannot refuse. The Renters' Rights Act 2025 (c. 26) did not change that; it legislated around it. Section 5 of the Protection from Eviction Act 1977, as amended on 1 May 2026, requires any agreement to shorten the notice period to be made with all the joint tenants — and then says that requirement "does not affect the validity of any notice to quit premises let under a joint assured tenancy that is given by only one or some of the tenants".

So when a sharer rings to say they are moving out, the first question is not what you would like to happen. It is what they have already done.

What one tenant's notice actually does

Section 5(1) of the Housing Act 1988 runs one way only: "the service by the landlord of a notice to quit is of no effect", so a landlord must go to court. Nothing in it restricts the tenant, whose route out is section 5 of the Protection from Eviction Act 1977.

That notice must be "in writing and contains such information as may be prescribed" and, under section 5(1ZA)(a) as inserted on 1 May 2026, given "not less than two months before the date on which the notice is to take effect", unless the landlord has agreed in writing to something shorter. Two months is the maximum you can require. GOV.UK adds that the tenancy must end "on a day when the rent is due or the day before the rent is due".

Three further points matter on a joint letting:

• A shorter notice period needs everyone. An agreement under section 5(1ZA)(a)(i) "is not valid unless it is made between the landlord and all of the tenants". One leaver cannot bargain their own early exit.
• Withdrawal needs everyone. Section 5A(3) lets a notice be withdrawn "before the date on which it takes effect by the tenant and landlord agreeing in writing to the withdrawal", and section 5A(4) again requires all the tenants.
• You cannot dictate the format. Section 5A(1): "Any provision that would bind a tenant as to the means of giving a notice in writing to quit premises let under an assured tenancy is of no effect." A clause demanding recorded delivery is worthless.

GOV.UK puts it plainly: "one tenant will usually be able to end the joint tenancy without the agreement of the other tenants". Treat a leaver's email as potentially tenancy-ending, and read it carefully before replying.

Joint and several liability

While the tenancy runs, every joint tenant owes the whole rent. GOV.UK: "All tenants on the tenancy agreement will be responsible for the rent." Not a share each — the lot. If a leaver stops paying their notional third, the arrears belong to all three.

Section 45(3) of the Housing Act 1988 adds that "any reference to the landlord or to the tenant is a reference to all the persons who jointly constitute the landlord or the tenant" — which is why consents, agreements and variations need every signature.

Three routes

Do nothing. No valid notice to quit, no surrender you have accepted: the tenancy continues with the same tenants on it. The leaver stays liable for rent and keeps a legal right to return, and whatever private deal the sharers strike does not bind you. Often the right answer — but say so in writing, so nobody later claims you released them.

Surrender and re-grant. End the old tenancy by agreement with all the existing tenants and grant a new one to the remaining group plus any replacement. GOV.UK: "If some of the existing tenants want to stay, you can create and sign a new tenancy agreement." Clean, but expensive in paperwork, because everything resets. Never accept a surrender by conduct; take it in writing, signed by every outgoing tenant.

Deed of assignment. The leaver transfers their interest to the incomer and the tenancy continues on the same terms. GOV.UK describes a swap: "a tenant can be swapped for a new one". Section 15(1) of the Housing Act 1988 implies a term that, "except with the consent of the landlord, the tenant shall not" assign — though where your agreement has its own assignment clause, section 15(3) means that clause governs instead. Either way the consent is yours, and the transfer needs a deed.

The deposit

The deposit was taken under one tenancy and protected against the names on it. Where the tenancy continues, the protection stands, but the prescribed information must reflect who the tenants now are — so reissue it after an assignment.

A surrender and re-grant is a new tenancy. Under section 213 of the Housing Act 2004 the deposit must be dealt with under an authorised scheme and the prescribed information served "within the period of 30 days beginning with the date on which it is received". Re-protect, or re-serve, against the new tenancy and the new names. The mechanics are in our tenancy deposits guide.

New tenancy, new paperwork

Grant a new tenancy and section 16D of the Housing Act 1988 bites again: the written statement of key terms "must be given before the tenancy is entered into". The narrow exemption in section 16D(1) covers an implied surrender and re-grant "between the same parties" — change who the tenants are and the parties differ, so it will not help you. Our pre-tenancy guide has the list.

Right to Rent applies to any incomer. GOV.UK: "Before the start of a new tenancy, you must check all tenants aged 18 and over", named on the agreement or not. On an assignment the incomer is a new occupier and should be checked before they move in.

The order to do it in

1. Read what the leaver sent; decide whether it is a notice to quit or a request.
2. Tell all the tenants in writing what you have received and what it does.
3. Choose the route, and say which one you have chosen.
4. Take the surrender or the deed in writing, signed by everyone affected.
5. Deposit: reissue prescribed information, or re-protect on the new tenancy.
6. Written statement of key terms before any new tenancy is entered into.
7. Right to Rent on the incomer, then inventory, keys and guarantor paperwork.

Doing steps 4 to 6 out of order is how landlords lose deposit claims. See also ending a tenancy after section 21 and what the Renters' Rights Act changed; our terms are on our fees page.

General information, current at October 2026, and not legal advice. One tenant's notice, a surrender and a deed of assignment all turn on the exact wording used — take advice before accepting a surrender or serving notice.

If a sharer has given notice and you are not sure what it has done, ring 0161 710 4510 or call in at 12–14 Midland Street, Manchester M12 6LB.